Asserting there’s no way to control air traffic delays across the country, JetBlue is challenging whether the city has a right to impose fines for late-night flights at Long Beach Airport—a fight that could wind up court.

In 2017, JetBlue amassed just over $1.2 million in penalties related to curfew violations, more than double the fines in 2016 and triple the amount for 2015. Fines are assessed on airlines for landing or departing between 10 p.m. and 7 a.m., a curfew imposed under a 1995 noise control law.

In July, the airline filed the first in a series of challenges questioning the city’s interpretation of a provision in its own law, calling it “erroneous and unjustified.”

In letters sent to the city manager and airport director, JetBlue argues that any late-night activity tied to air traffic control delays across the country should exempt the company from paying fines to the city for violating the law. The airline—the largest carrier at the local airport—is contesting dozens of fines issued between April 1 and Nov. 30 that total $264,000.

“It is impossible to separate Long Beach Airport operations from the rest of the national airspace system as they operate as part of a common network, administered by the FAA,” wrote Rob Land, JetBlue’s vice president of government relations.

The challenges from JetBlue come as the city is working to more than double fines levied on airlines that break the curfew law, one of the strictest in the nation.

And tensions between the airline and city may also still be simmering after Long Beach rejected a JetBlue request to add a customs facility for international flights. Part of the rationale for the city’s decision in January 2017 was that it could jeopardize the coveted noise ordinance—a sensitive issue for many residents who live in the flight path.

City stands by law

The city has told the airline that exemptions to the local law will only be granted if an air traffic control delay originates in Long Beach, an interpretation that has been in place since the law was enacted over two decades ago, according to Airport Noise Officer Ron Reeves. The only thing that is new, he said, is that JetBlue is now challenging a long-standing interpretation of the same law they have been fined under since 2003.

In addition, Airport Director Jess Romo contends that taking into account air traffic delays across the country would “essentially render meaningless” many of the curfew provisions in the ordinance.

JetBlue has unsuccessfully appealed that ruling to the city manager and airport director. The matter will now go before the Long Beach City Council on March 13.

Should the City Council reject the appeal, JetBlue could then challenge the city in court and/or take the issue to the Federal Aviation Administration.

Because Long Beach Airport—and just about every other public airport in the nation—receives grant money from the federal government for airport improvements, officials have to agree to several “assurances,” one of which requires airports to be treat every airline equally and fairly.

JetBlue could challenge Long Beach’s interpretation of the noise ordinance with the FAA on these grounds. The airline could also file a lawsuit against the city in Los Angeles County Superior Court, according to Assistant City Attorney Mike Mais.

If JetBlue is correct, and the city has been misinterpreting its own noise ordinance, City Prosecutor Doug Haubert said it “could have a very significant and profound impact on the implementation of the noise ordinance.”

JetBlue officials did not return phone calls for further comment.

Stiffer penalties

At a recent meeting of the Airport Advisory Commission, Land said JetBlue does not contest fines when a flight is delayed by something like a mechanical issue, when the airline is responsible. But a significant number of its late flights in Long Beach are the result air traffic issues, which can be a particular problem for JetBlue since the airline is based on the congested East Coast.

At the same time, JetBlue is challenging city attempts to strengthen its noise law as officials talk about increasing fines and setting a threshold of violations that could trigger an airline to lose one or more flight slots.

JetBlue holds 35 of the airport’s 50 flight slots. The remaining slots are divided among Southwest, Delta and American airlines; FedEx and UPS also each hold one slot at the airport.

Land, who also serves as the airline’s general counsel, said in a September letter to the airport that officials were “concerned and surprised” to learn about the proposed changes, which, he said, “appear intended to have a discriminatory effect” on JetBlue.

He went on to say the city’s actions seem “designed to encourage JetBlue to terminate service.” He urged the city to “proceed cautiously” with any changes to the local law as the airline believes it may violate certain federal aviation laws and create regulatory conflicts with the U.S. Department of Transportation.

Mais said the city “strongly disagrees” with the sentiment expressed by JetBlue, citing nearby airports in Orange County and San Diego with similar noise curfews that have significantly higher penalty structures than Long Beach. In fact, the proposed changes are modeled after their respective noise laws, he said.

“No one is trying to come down on JetBlue,” he said. “All we are looking for is deterrents to encourage airlines to fly within the parameters of the noise ordinance.”

‘Profoundly disappointed’

Long Beach enacted its 1995 airport law after several years of litigation. The federal Airport Noise Capacity Act (ANCA) of 1990, in Long Beach’s case, allows the city to have its own law, but otherwise requires federal approval for any local governments’ attempts to enact noise control restrictions.

Public fears over the possibility of Long Beach losing control of its noise control law arose as a major source of objections to the prospect of Long Beach becoming an international airport, a proposal considered by officials at the request of JetBlue.

In January 2017, the City Council rejected the proposal; Jet Blue said at the time it was “profoundly disappointed.” In a statement released at the time, Land went on to say that, as a result, JetBlue would evaluate its plans for Long Beach and the greater Los Angeles region.

It is unclear whether the airline’s recent challenges have any connection to Long Beach’s decision to reject a federal inspection facility.

Throughout the two years that Long Beach entertained the international airport proposal, residents whose homes are in the flight paths pleaded with officials to refrain from any changes that could open the law up to legal challenges.

Current fines

Under existing noise law, an airline generally receives a warning for its first and second curfew violation. A third violation comes with a $100 fine, with penalties ramping up to $300 thereafter.

The idea to change the fine structure would have fines increase to $2,500 for the first through fifth violations within a 24-month period. Penalties would increase to $3,500 to $5,000 for the sixth through 10th violation, and penalties of $5,000 to $10,000 would attain for an airline with 11 or more out-of-curfew flights.

JetBlue already pays higher penalties under a 2003 agreement signed between the city and airline to avoid prosecution. Last year, Haubert updated the document to require the airline to pay $6,000 for every noise violation. Previously, JetBlue paid $3,000 for the first six, and $6,000 for every violation thereafter.

Kate Azar, executive director of the foundation, said that losing those funds “would have a significant impact” on the library’s ability to serve the community. But Azar said the foundation has never been guaranteed the money in perpetuity and therefore, does not rely on the fines as a source of revenue.

In spite of the challenges from JetBlue, officials plan to proceed with public meetings about the possible noise ordinance changes. There are two set for this week:

Courtney Tompkins covers Long Beach City Hall for the Press-Telegram. Courtney previously covered local government and education for the Pasadena Star-News and San Gabriel Valley Tribune. She is a graduate of California State University, Long Beach, where she studied journalism and international relations.

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